GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:
1. Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned standing counsel, Secondary Education Department, appearing for the respondent Nos. 1, 3 and 4 and Mr. B. Gogoi, learned standing counsel, Finance Department, appearing for the respondent No.2.
2. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 27.10.2021 (Annexure-20) of the Finance Department in the concerned file as regards rejection of proposal for regularization of service of the petitioner as Hindi Assistant Teacher of Indira High School in the district of Goalpara and also to direct the respondents, more particularly, the Finance Department to recall/rescind and/or revoke the opinion dated 27.10.2021 (Annexure-20) and also to direct the respondents, more particularly, the Finance Department, Govt. of Assam, being respondent No.2, to accord its approval to the proposal submitted by the Secondary Education Department for the purpose of regularization of service of the petitioner as Hindi Assistant Teacher of Indira High School.
3. The background facts, leading to filing of the present writ petition, are briefly stated as under:-
"The petitioner was initially appointed as an Assistant Hindi Teacher of Thorko High School. While he was serving in the said School, on recommendation and approval of the Government in the Secondary Education Department, the service of the petitioner was adjusted as well as regularized against the vacant post of Hindi Teacher in Indira High School, vide order dated 06.02.2001. The petitioner then joined in Indira High School on 09.01.2001 and continuously rendering his service. Thereafter, with regard to the matter relating to payment of salary and regularization of service of the petitioner, several communications were made at various levels, but the same failed to yield any result. Instead the respondent authorities had decided to dispense with the service of the petitioner. Thereafter, the respondent No.1 vide his letter dated 03.09.2001, addressed to the Inspector of School asked to furnish particulars of the teaching and non teaching staffs to the department and further directed that till receipt of such instruction salary bill of such teaching and non teaching staffs shall be stopped. The Inspector of School, thereafter, furnished the particulars of teaching and non-teaching staffs who were appointed between 2000-2001, without approval of High Power State Level Empowered Committee and then the respondent No.3 had further instructed not to prepare salary bill of those teacher until further order vide his letter dated 19.10.2001. Then petitioner had approached this Court by filing WP(C) No.777/2002, wherein vide order dated 18.02.2002, this Court has interfered with the said letter dated 03.09.2001 and the letter dated 19.10.2001. Thereafter, the petitioner had approached the respondent authority with a prayer for releasing his salary, but the same was rejected. Thereafter, the petitioner had approached this court again byfiling a contempt petition, being Contempt Case No. 555/2002, for violation of the order dated 18.02.2002 passed the WP(c) No. 777/2002. Thereafter, the respondents had released his salary up to the month of July 2003. Thereafter, the respondent No.3 had without giving an opportunity of being heard and without assigning any reason thereof, vide order dated 21.08.2003 had cancelled the adjustment of service of the petitioner in Indira High School and further observed that the petitioner may file an appeal before him within 15 days and that will be considered as per existing rules.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfC64o4hBDV%2F%2F%2BdxcfLj9lCSz%2BhsFOJb%2BXKHimCd78Txm&caseno=WP(C)/5996/2022&cCode=1&cino=GAHC010182392022&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
